IMPORTANT POINT
The judgment emphasizes the importance of scrutinizing the evidence provided by interested witnesses, establishing motive, and the need for corroborative evidence in criminal cases.

JUDGMENT :

Ramesh Sinha, CJ.

1. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dated 20.12.2021 passed by the learned Special Judge under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Korba in Sessions Trial No.27/2018, whereby the learned Sessions Judge has convicted and sentenced the appellants in the following manner with a direction to run all the sentences concurrently.

2. Case of the prosecution, in brief, is that on 04.12.2017 one Kumari Pramila Rathiya lodged a report (Dehati Nalsi) Ex.P/1, as per which her cousin brother Bablu @ Bahattar Rathiya lived in village Gahniya with his wife in their in-laws house. It is stated that in the morning at about 4 am she was informed that her brother and sister-in-law along with one neighbor Aghni Bai were sleeping in the house then some unknown persons entered into house and assaulted them. It is further stated that all the injured were taken to hospital where the brother Bablu died due to grievous injuries on head and Bablu’s wife Ram Kumari and neighbor Aghni Bai were also assaulted over their head with stick or rod with intention to cause kill them, who are admitted in the District Hospital, Korba. Bablu’s death was also due to causing serious injury by hitting with a stick or rod with the intention of killing. On the basis of Dehati Nalsi (Ex.P-1), Dehati Merg Intimation was recorded vide Ex.P-2, on the basis of which, Merg Intimation was record vide Ex.P-38 and thereafter First Information Report bearing Crime No. 312/2017 was registered under Sections 458, 302, 307 of the IPC against unknown persons vide Ex.P-39.

3. Medical examination of the victims Ram Kumari and Aghani Bai was done. After summoning the witnesses vide Ex.P-5, inquest over the dead body of the deceased was prepared and postmorterm of the body of the deceased was conducted by Dr.R.P.S. Paikra (PW-14) and postmortem report was given vide Ex.P-7, who found following injuries over the dead body of the deceased :

(i) Body – supine position, rigormortis present on both upper and lower limbs, both eyes are closed and mouth are mild open

(ii) Lacerated wound over the left fronto-temporal bone 16 x 1.5 cm.

(iii) Black in colour over the left should 15 x 8 cm.

He opined that the cause of death is cardio respiratory failure due to head injury and the nature of death is antemortem and homicidal in nature.

4. During investigation, spot map was prepared vide Ex.P-28 Bloodstained saree and blouse of the injured Ram Kumari was seized vide Ex.P-3. Statements of injured Ram Kumari and Aghani Bai were recorded by Exs.D-1 and D-2 and on the basis of statement of injured Ram Kumari (Ex.D-1), the appellants were taken into custody and memorandum statements of accused/appellants Bandhuram Kanwar, Hol Say Kanwar and Nan Singh Korwa were recorded vide Exs.P-13, P-14 and P-15 respectively and on the basis of their memorandum statements, one axe was recovered at the instance of accused Bandhuram Kanwar vide Ex.P-16; one iron rod with bloodstains was recovered at the instance of accused Hol Say Kanwar vide Ex.P- 17 and one another iron rod with bloodstains was recovered at the instance of accused Nan Singh Korwa vide Ex.P-18, th